Does the victim have the right to see the file?

If the victim is a private prosecutor in a private prosecution case or a plaintiff in a civil case incidental to a public prosecution case, of course, he has the right to consult the file, otherwise, the file will not be shown to the victim. The law does not allow criminal suspects to read the file materials, and criminal files are confidential. Institutions such as the Public Prosecution Law will not provide you with all the materials according to the case file. In the investigation stage, lawyers can't consult the materials in the public security organs, only when they are transferred to the procuratorate.

Although lawyers can read the case file, the Lawyers Law also stipulates that lawyers may not disclose the case file materials to the parties. So the suspect can't see the file.

In the process of handling a case, the reconnaissance organ will show some evidence to the suspect, and the suspect will also make a confession and excuse. These are all part of the case file.

During the trial, the procuratorate will also produce some evidence materials in the court investigation and court debate procedures. At this time, the suspect was present and some files could be seen.

1. In a criminal prosecution case, the victim is the victim, not the plaintiff, and the suspect is the defendant, which is different from the civil procedure law.

2. Victims in criminal cases are usually not allowed to consult files. When necessary, you can explain the reasons to the procuratorate and apply.

legal ground

Criminal procedure law

Article 40

From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.

Article 41

Defenders have the right to apply to the people's procuratorate or the people's court for obtaining the evidence materials collected by the public security organs and the people's procuratorate to prove the innocence or light crimes of the criminal suspects and defendants during the investigation, examination and prosecution.

Article 42

If the evidence collected by the defender shows that the criminal suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, he shall promptly inform the public security organ and the people's procuratorate.

Article 43

With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.

With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.